Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any… Read more
E. Procedure
Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent… Read more
Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her… Read more
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons… Read more
State v. Queentesta H., 2014AP761, District 1, 7/22/14 (1-judge; ineligible for publication); case activity The circuit court did not err in answering the first question of the special verdict forms submitted to the jury in Queentesta’s TPR trial because the jury could not have reached any other conclusion regarding those questions. The first question of… Read more
Green County DHS v. Ericka L.R., 2014AP1106, District 4, 7/17/14 (1-judge; ineligible for publication); case activity Assuming the “fair and just reason” standard for plea withdrawal before sentencing also applies to motions to withdraw consent to TPR before disposition, Ericka failed to establish a fair and just reason for withdrawing her voluntary consent to termination… Read more
Dane County DHS v. Mable K., 2014AP398 & 2014AP399, District 4, 7/10/14 (1-judge; ineligible for publication); case activity: 2014AP398; 2014AP399 Mable K. is not entitled to a new grounds trial based on two alleged evidentiary errors—the admission of evidence about her lack of contact with her children after the period of alleged abandonment, and the admission of evidence of specific instances… Read more
State v. Rickey V., 2014AP334, District 1, 7/8/14 (1-judge; ineligible for publication); case activity Father’s failure to appear at two scheduled evidentiary hearings on whether there were grounds for termination of parental rights was sufficiently “egregious” to justify a default judgment against him under Dane County DHS v. Mable K., 2013 WI 28, ¶70, 346 Wis… Read more
